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A. Purpose: The development and execution of this Title is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two (2) categories:
1. Uses operated by public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.
2. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condominiums and other residential developments.
B. Authority: Special uses shall be authorized or denied by the village board in accordance with the statutes of the state applicable to amendments of this title, and the regulations and conditions set forth in this title for special uses.
No application for a special use shall be acted upon by the village board until after:
1. A written report is prepared and forwarded to the board of appeals and the village board by the plan commission in a manner prescribed herein for amendments to this title; and
2. A public hearing has been held by the zoning board of appeals, after due notice by publication as provided by the applicable statutes of the state for amendments and upon a report of the plan commission to the board of trustees, if such a report is made.
C. Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intending to request a zoning certificate.
D. Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the village clerk and thereafter processed in the manner prescribed theretofore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this title.
E. Decisions: The village board, upon report of the zoning board of appeals and the plan commission, and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to amendments, or may refer it back to the board of appeals and the plan commission for further consideration.
No special use shall be authorized by the village board unless the special use:
1. Is of the type described in subsection A1 of this section, is deemed necessary for the public convenience at that location;
2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and
3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located.
F. Conditions: The plan commission and zoning board of appeals may recommend, and the village board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off street parking and loading as may be deemed necessary to promote the general objectives of this title and to minimize the injury to the value of the property in the neighborhood. (Ord. G-60, 3-22-1966; Ord. G-66, 12-19-1966)